1. American Government Chapter 19 Section 3

2. Freedom of Speech 1 st and 14 th Amendments Guarantees spoken and written word liberty Ensures open discussion of public policy

3. Limitations Public Safety Libel Slander Prior Restraint Obscenity

4. Public Safety Schenck v. US, 1919 Clear and Present Danger Rule Sedition Incitement

5. Libel and Slander Knowingly false Intended defamation of someone’s character or reputation Perpetrator can be held liable in civil court Libel – written Slander – spoken

6. Obscenity Miller v. California, 1973 Three pronged test – Work appeals to the prurient interest – Work depicts in a patently offensive manner some sexual conduct – Work lacks serious literary, artistic, political, or scientific value

7. Prior Restraint Near v Minnesota, 1931 Free press does not allow a prior restraint on publication except in cases of wartime, material is obscene, or incites violence The few cases in favor of the government deal with national security or social order

8. Confidentiality Reporters are not immune from revealing their sources Shield laws specific to locale A good police investigation should find the same information that a reporter can

9. Films, Television, Radio Movie ratings used as a standard today – G – General Admission – PG – Parental Guidance – PG-13 – Parental Guidance under 13 – R – Restricted (18+) – NC-17 – No child under 17 admitted – X – Adult only FCC – polices TV and radio broadcasts of public stations, subscription channels greatly free

10. Symbolic Speech Texas v. Johnson, 1989 – Flag burning protected as symbolic political speech Picketing – Can not be inciting violence Tinker v. Des Moines, 1969

11. Symbolic Speech Can be punished if – The government action being protested is within its powers – Restriction placed upon the expression is no greater than necessary – The government’s interest is not to squelch dissent

12. Commercial Speech Most restrictions on advertising have been lifted Some have remained to promote social good Bans on TV advertisement of tobacco and hard liquors